Law of Negligence

Subject LAWS70229 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

March, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

Principal topics will include:

  • Duty of care:
    - The general approach in novel situations
    - Key issues - liability of statutory authorities, liability for omissions, defective structures, psychiatric injury, pure economic loss
  • Breach of duty: Standard of care
  • Causation
  • Damage: What constitutes damage, remoteness
  • Defences: Contributory negligence, voluntary assumption of risk
  • Claims associated with birth
  • Vicarious liability
  • Concurrent liability
  • Interstate and international torts.
Objectives:

A student who has successfully completed this subject should:

  • Be aware of developments in relation to the principles of negligence law in the High Court of Australia and in the highest courts of comparable common law countries
  • Have considered the theories under which development of the law of negligence occurs
  • Have considered the application of the theories in a range of novel situations that have recently come before the courts in Australia
  • Have considered recent statutory reform of negligence law in Australia.
Assessment:

Take-home examination (100%) (7-10 May)
or
10,000 word research paper (100%) (1 July) on a topic approved by the subject coordinator

Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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